Legal Question

[Ropin4gold]

My brother, a Virginia resident and member of the military, is thinking of buying a SBR (Bugger and Thomet). If he gets it, pays tax, takes possesion, etc. and then gets deployed, am I allowed to keep it in my safe (Tennessee) until he gets back in country?

[Reservoir Dog]

NFA items are required to be stored in places that only the registered owner has access. Your safe would not meet that requirement, as you also have access to it. I would suggest that your brother buy an inexpensive gun safe, leave it at your house, store the NFA item in his safe, and he keeps the key/combo.

From the ATF website:

Storage of NFA Firearms

To avoid unauthorized transfers, registrants must store NFA firearms so that no one else has access to them. Firearms may be stored at locations other than the address on the firearm registration form, such as a safe deposit box. However, unless the registrant is a Federal firearms licensee who has paid the special (occupational) tax to import, manufacture, or deal in NFA firearms, the NFA Branch should be notified in writing of the new storage location.

http://www.atf.gov/pub/nfab/index.htm

Also, remember that your brother would have to get an approved ATF Form 5320.20 prior to transporting the SBR across state lines to your house.

[Garufa]

:cry:So NO, you can't play with it while he's gone.

[Guest bkelm18]

If you form a trust, can you not list on the trust who can take possession of the NFA item? As I understand that is one of the benefits of the trust. Maybe I'm thinking of something else.

[Reservoir Dog]

If you form a trust, can you not list on the trust who can take possession of the NFA item? As I understand that is one of the benefits of the trust. Maybe I'm thinking of something else.

You are correct. The OP and his brother could form a NFA trust, and list each other as the grantors. This would allow both of them to possess and use the NFA items.

[Ropin4gold]

Is there a link or a website that tells more about the trust?

[Reservoir Dog]

These guys have a pretty good write-up on NFA trusts: http://www.86th.org/?id=nfa-trust

[Guest shadow12]

A trust is a great idea, I have mine on a trust, so that when I go back over to the sand box, my wife can keep posession. I suggest that you put a third person on there, for a "just in case" idea.

[Guest abailey362]

just set up the trust before he buys it and registers it to himself. otherwise there will be another tax stamp required...and another wait

[Ropin4gold]

I've done some reading on the trust and I think I understand the concept. A question I have is about us being in different states. Which state to file the trust in and also does paperwork still have to be filled out each time each item crosses state lines or are we OK cause both of us are on the trust. I am thinking about getting a can also and when/if I move to a non NFA state he can possess it.

[Reservoir Dog]

Each state is different regarding the requirements to do a trust. Tennessee seems to be pretty easy. I have no idea about Virginia. You should compare each states requirements to see which one fits the bill.

Even with a trust, you will need an approved ATF Form 5320.20 before NFA items can be transported across state lines.

[Guest shadow12]

When you fill out the form, you only have to do it once a year, so whatever state you do the trust in, go ahead and fill out the travel form for the other state.